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Frankie Luzano v. James A. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 11, 2012

FRANKIE LUZANO,
PLAINTIFF,
v.
JAMES A. YATES, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

Date: May 9, 2012 Time: 1:00 p.m.

Place: CSP-SOL before the Honorable Nandor J. Vadas

ORDER REFERRING CASE TO PRISONER SETTLEMENT PROGRAM, AND SETTING SETTLEMENT CONFERENCE

Plaintiff Frankie Luzano, a state prisoner and Native American who was proceeding pro se, filed this action on November 3, 2010. Following the issuance of the Court's first screening order pursuant to 28 U.S.C. § 1915A, Lester J. Marston of Rapport and Marston substituted in as Plaintiff's counsel of record and filed an amended complaint. (Docs. 7, 9, 11.)

Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 2000cc-1, and California law, and his claims arise from his inability to practice his religion at Pleasant Valley State Prison in Coalinga, California. Upon review, the Court finds it appropriate to refer this action to the Prisoner Settlement Program and set it for a settlement conference before United States Magistrate Judge Nandor J. Vadas at California State Prison-Solano (CSP-SOL), on May 9, 2012, at 1:00 p.m. A separate order and writ of habeas corpus ad testificandum will be issued by the Court to secure Plaintiff's attendance at the settlement conference.

Accordingly, the Court HEREBY ORDERS as follows:

1. This case is referred to the Prisoner Settlement Program and set for a settlement conference on May 9, 2012, at 1:00 p.m. at CSP-SOL, 2100 Peabody Road, Vacaville, California 95696.

2. Defendants' lead counsel and a person with full and unlimited authority to negotiate and enter into a binding settlement on Defendants' behalf shall attend in person. *fn1 *fn2

3. Those in attendance must be prepared to discuss the claims, defenses and damages. The failure of any counsel, party or authorized person subject to this order to appear in person may result in the imposition of sanctions. In addition, the conference will not proceed and will be reset to another date.

4. The parties are directed to provide confidential settlement conference statements to the Honorable Nandor J. Vadas, U.S. District Court-Northern District of California, 514 H Street, Eureka, CA 95502 or via email at NJVpo@cand.uscourts.gov, so that they arrive no later than April 25, 2012.

5. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office at CSP-SOL at (707) 454-3429.

IT IS SO ORDERED.


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